Tripperty General Terms and Conditions of Sale

Shipping of lost property

1. RECITALS

These general terms and conditions lay down the contractual relations relating to the Tripperty Service, which is offered on the ooh.tripperty.com Website.
Tripperty is a Service provided by Tripperty - La Poste, a French Société Anonyme (limited company) with a share capital of €3,800,000,000, which is registered on the Paris Companies Registry under number 356 000 000, whose head office is at 9, rue du Colonel Pierre Avia, Paris 75015, (referred to below as "La Poste").

This Service is offered to people who have lost or forgotten an object at one of our Partner's site, defined below, and who would like to ship this item.

2. DEFINITIONS

The terms and expressions beginning with a capital letter have the meaning that is given below, whether used in the singular or the plural.

Customer : means the person who has subscribed to the Tripperty Service under the terms and conditions laid down in the Contract.

General Terms and Conditions of Sale or GTCS : means this document. In the event of a contradiction between the GTCS and any other contractual document, the GTCS will take precedence.

Terms and Conditions of Shipping : means the specific terms and conditions that apply to the Shipping of the Item(s), which are set out in Appendix 2 to these GTCS.

Contract : means these General Terms and Conditions of Sale and their appendices, all of the forms completed by the Customer in connection with Service, and the Terms and Conditions of Shipping, which together form an indivisible whole.

Packaging : refers to the parcel in which the Partner places the Item(s) belonging to its Customer. This Packaging has a label with an Identifier.

Shipping : means the conveyance of the Item by the Carrier to the address chosen by the Customer when he or she subscribed to the Service.

Subscription form : refers to the form that is available on the ooh.tripperty.com. The form enables the Customer to request the shipment of the Item to the address of his or her choice. The Customer can also inform Tripperty if he or she does not wish to keep the Item.

Identifier : means the identification code shown on the Packaging, which is e-mailed to the Customer, and which must be used by the Customer when he or she opts to Ship the Item on the ooh.tripperty.com Website.

Item : means an Item that has been forgotten or left by the Customer at the site of a Partner, who later hands it to Tripperty for Shipment. It is placed in Packaging labelled with the Identifier.

Partner : refers to the Tripperty Partner who wishes to ship to its Customer his or her Item via the Tripperty Service. The list of partners is attached to these GTCS in Appendix 1.

Parties : means Tripperty and the Customer.

Tripperty Service or Service : refers to the Item Shipment Service offered by the Partner and carried out by Tripperty as per the conditions and within the limits stipulated in the GTCS.

Website : means the Tripperty Service Website available at the following address : ooh.tripperty.com.

Carrier : means the service provider that is chosen by Tripperty to carry out the Shipment of Items.

3. PURPOSE

The Service enables the Customer, having lost or left an Item at the Partner’s site, to have it shipped at the Customer’s cost to the address of his or her choice. This Service is available for all Items except those that are excluded from the Service, which are defined in Clause 6.

The Customer may subscribe to the Tripperty Service via the Website ooh.tripperty.com, for which Tripperty ensures, within the framework of a best endeavour obligation, availability and accessibility 24/7.

By using the Tripperty Service, the Customer unconditionally accepts the terms and conditions of the Contract.

The applicable General Terms and Conditions of Sale are those in force on the day on which the Customer places his or her order on the Website.

The Customer is informed that if he or she decides not to use the Service after Tripperty has processed the Packaging, he or she will not be able to recover it in any event.

4. PERFORMANCE OF THE SERVICE

4.1 Item Registration :

If the Customer wishes to recover an Item, he or she must provide the Partner with an e-mail address so that the latter may complete the Item registration procedure. The Partner enters a description of the Item and the Customer’s e-mail address on the ooh.tripperty.com site. The Packaging number, generated automatically, is then e-mailed automatically to the Customer using the address provided.

4.2 Subscribing to the Service :

In order to subscribe to the Service, the Customer must go to the Website ooh.tripperty.com and enter :

The identifier received by e-mail ;

The desired delivery address ;

His or her personal information in the fields provided for that purpose: Surname, first name, address for invoicing, email, telephone number, bank details.

The Customer guarantees that the personal information is accurate, genuine and up-to-date. The Customer is informed that this information may not be changed once the subscription to the Service has been finalised. The Customer will have sole responsibility for the consequences if the personal information is inaccurate.

In order to subscribe to the Service, the Customer must imperatively have a valid bank card from one of the following issuers: MasterCard, Credit/Debit Card or American Express.

The Customer may also opt out of the Service and :

go to the Partner’s site directly to recover the Item by is or her own means ;

or inform Tripperty, via the ooh.tripperty.com Website, that he or she has decided not to keep the Item, and that the Partner may keep it, under the terms and conditions and accepting the consequence stipulated in Clause 4.4 of these GTCS

If the Customer chooses to abandon the Item to Tripperty, by ticking the "I abandon my item" box on the Website, Tripperty will be free to dispose of the Item as it sees fit: It may, for example, destroy it, give it away with a view to its being reused or upgraded, or sell it.

The Customer undertakes to refrain from subscribing to the Service, in accordance with the foregoing terms and conditions if, upon subscribing to the Service, the Customer finds that the Item is excluded from the Service, in accordance with Clause 6 "Excluded Items" of these GTCS.

If the Item is to be sent outside the European Union, the Customer is invited to check the customs restrictions of the country in which it is to be delivered and to describe the item and state its value on the form on the Website, in accordance with the Shipping Terms and Conditions

The Tripperty Service may not be used to send Items that are subject to customs restrictions nor may it be used if the information about the Item, entered by the Customer when he or she Subscribed to the Service, is such that Tripperty would not unsubscribed to the Service, is such that Tripperty would not be able to comply with the customs declarations rules.
In the event the Item is shipped and returned to Tripperty after being refused entry by customs, the Customer may request, within three (3) months of Subscribing to the Service, to (i) ship the Item to France to a specified address and at his or her cost or (ii) to abandon the Item to Tripperty who will then become the owner of the Item with no obligation to reimburse the Customer for the Service. If the Customer remains silent over the above-mentioned time limit, the Item will be considered abandoned.

The Customer must pay for the Service online via the ooh.tripperty.com Website upon subscribing to the Service

The Customer receives an e-mail confirmation of his or her subscription.

4.3 Item Shipment :

When the Customer has ordered the Item to be shipped to an address of his or her choosing, it is transferred from the Partner to Tripperty and then to the Carrier no more than forty-eight (48) Business Hours after the Customer has subscribed to the Service on the Website. Confirmation of the shipment, including the Shipment tracking number, is sent to the Customer by E-mail, so that he or she can track the parcel's progress on the Carrier's website.

The Shipping is subject to the Terms and Conditions of Shipping which are included in Appendix 2. The Customer undertakes to take cognisance of these Terms and Conditions and states that he or she accepts them by subscribing to the Service.

5. COOLING OFF PERIOD

The Customer is informed that he or she has no right to withdraw from the Service once the Item has been Shipped. The Customer does not have a right to withdraw from the contract with respect to the carriage of goods, in accordance with article L.221-28 of the French Consumer Code.

6. EXCLUDED ITEMS

The Service is available for all Items with similar dimensions to one of the packaging formats provided in Appendix 3, to the exclusion of jewellery and items that are prohibited by the Shipping Terms and Conditions.
Furthermore, if the Item is to be shipped abroad or to the French Overseas Collectivities, items that may not be imported into or circulate inside the country of destination or the country of transit, where relevant, may not be carried by the Service.

7. PRICES AND PAYMENT

The applicable prices are provided in Appendix 3.

When Customers subscribe to the Service online, the price of the Service must be paid immediately. Payments may be made by Visa, Mastercard , AMEX or Carte Bleue bank cards (secure payment and data encryption). The name of the card holder must be given.

The invoice will be sent by email to the Customer in the confirmation of subscription to the Service.

All services are subject to VAT at the rate in force on the date the invoice is issued.

In the event of a default or payment incident, Tripperty will not be required to perform the Service and there may be grounds to bring a prosecution or civil action against the Customer.

8. CUSTOMERS' OBLIGATIONS

Customers must fulfil the following obligations :

The Customer agrees to accept these General Terms and Conditions of Sale and the Terms and Conditions of Shipping, which are attached as Appendix 2, with which he or she was provided when subscribing to the Service on the Website (and which are available on the ooh.tripperty.com Website, section GTCS) and that he or she will comply with them in full ;

The Customer states that he or she is the sole owner of the products, substances or liquids introduced into the Packaging, or that he or she is authorised to dispose of them ;

The Customer undertakes not to subscribe to the Service in order to Ship Items that are excluded in accordance with Clause 6 above ;

If an Item is to be sent outside the European Union, the Customer undertakes to declare precisely the products, substances and liquids contained in the Packaging, and undertakes to check and comply with the regulations relating to products and substances that may not be imported into the country of destination ;

The Customer undertakes to provide reliable information, particularly regarding the address to which the items should be sent.

Customers are advised to avoid including perishable substances or fragile or valuable objects.

9. FORCE MAJEURE

Should a force majeure event occur, the Parties will not be held liable under the GTCS. Such events are defined in, and the consequences of such events for the performance of the Contract are governed by article 1218 of the French Civil Code (Code civil).

10. RESPONSIBILITY/LIABILITY

Tripperty’s responsibility under the Service begins when it takes possession of the Item from the Partner and ends when the Item has been delivered to the address provided by the Customer.

In the event of a lost or damaged Item, confirmed by the Carrier’s information system, and following an investigation by customer service or proof submitted by the Customer, Tripperty will pay compensation not exceeding €23/kg, no matter the value of the Item.

Tripperty will provide the resources required for the proper performance of the Service, and will make its best endeavours to ensure that it is provided continuously and that the quality is maintained under the conditions stipulated in the Contract.

Furthermore, Tripperty will not be held liable by the Customer in the event of :

damage being sustained by the Item due to the Customer's failure to comply with the Contract;

the inability of Tripperty to perform the Service due to the Customer's failure to comply with the customs restrictions or rules;

negligence attributable exclusively to the Customer;

a force majeure situation, as recognised by French statute and case law;

failure of the telephone networks and/or the Internet;

an error in the personal information provided by the Customer, particularly in the delivery address if the Item is to be Shipped;

an inherent defect in the Item or any other factor not attributable to Tripperty.

Tripperty will not be held liable, in any event, for any indirect damage sustained by the Customer when using the Service, i.e. damage that does not result directly from a failure by Tripperty to perform its obligations under the Contract, nor will it be responsible for any non-material damage such as loss of profits, loss of contracts, missed opportunities or damage to reputation.

Actions for damages relating to the Shipping of an Item must be brought within a period of:

one year from the day after the day on which Tripperty took possession of the Package for Shipping to Metropolitan France and to the Overseas Departments;

six months from the day after the day on which Tripperty took possession of the Package for Shipping abroad or to the Overseas Collectivities.

11. GOVERNING LAW – SETTLEMENT OF DISPUTES

The Contract is subject to French law.

The Customer may make a claim related to the Service in several ways :

All claims relating to the Shipping of an Item must be made within the limitation period stipulated in clause 10.

Compensation will only be paid if the Customer provides evidence, by all means available to him or her, of the reality of the damage sustained (notes, invoices etc.).
When a claim is filed, an acknowledgement of receipt will be issued, which will be proof of the date of the claim.
Tripperty undertakes to respond to the claim :

within a period of 21 calendar days when the Customer subscribed for a Shipment to Metropolitan France;

within a period of 40 calendar days when the Customer subscribed for a Shipment to a destination in the Overseas Departments or to certain European countries ;

within a period of 90 calendar days when the Customer subscribed for a Shipment to a destination in the rest of the world or in one of the Overseas Collectivities .

After informing the Customer of its intention, Tripperty may, where appropriate, carry out a thorough investigation, if it considers it to be necessary.
In such a case the above mentioned time limits within which the claim should be dealt with are suspended.

If the Customer wishes his or her case to be re-examined when the initial claim has been dealt with, he or she may lodge an appeal, under the same conditions as the initial claim, or through a consumers' association.
The case will be heard by the bodies set up by Tripperty to hear appeals.

12. INTELLECTUAL PROPERTY

Tripperty is the holder or is authorised to exploit all of the intellectual property rights relating to the Service. No provision of the Contract may be interpreted to mean that it transfers an intellectual property right to the Customer. The Customer is not authorised to use Tripperty 's trademark or trademarks.

13. INTUITU PERSONAE

The Contract may not be assigned by the Customer without Tripperty 's prior, written consent.

14. AGREEMENT ON EVIDENCE

The computerised records, which are held in Tripperty 's IT systems with reasonable security measures, will be deemed to constitute proof of communications and exchanges between the Parties in connection with the Contract. These computerised records will be authentic until proof is provided to the contrary. The Customer acknowledges that the computerised records may be relied upon against him or her in the event of a complaint or dispute in connection with the Contract

15. PERSONAL DATA

The data will be used in the provision of the Service, customer relations management, and in the completion of a prospecting campaign, and will be preserved five (5) years following the date the Service completion.

The Customer’s data are sent to external service providers it may employ to provide the Service and manage customer relations.

The Customer's data will be retained for the duration of the service that is the subject of these GTCS. They may also be forwarded to third parties in order to satisfy the statutory or regulatory obligations.

In line with the regulation applicable to the protection of personal data, the Customer has a right to access, correct, oppose, limit the processing of, and transfer his or her data where possible and to have the data deleted.

The Customer may provide instructions on the handling this data after his or her death.

These rights may be exercised via the following address: contact@tripperty.com
The Customer must specify his or her surname, first name and postal address and attach a two-sided copy of their ID to the request.

If that Customer takes issue with the management of his or her personal data, he or she may submit a claim to the French Data Protection Authority (CNIL).

APPENDICES

Appendix 1 : List of partners

Hôtel Pullman Marseille Provence Aéroport

Hôtel Ibis Marseille Provence Aéroport

Hôtel Ibis Styles Marseille Aéroport

Hôtel Golden Tulip Marseille Airport

Hôtel Kyriad Marseille Provence Aéroport

Hôtel Ibis Marseille Gare St Charles

Hôtel Carré Vieux Port Marseille

Hôtel Ibis Marseille Euromed

Hôtel Sofitel Marseille Vieux-Port

Hôtel Ibis Aix-en-Provence

Hôtel Mercure Paris Porte de Versailles Expo

Hôtel Sofitel Paris La Défense

agence Sixt Marseille Aéroport

agence Hertz Marseille Airport

agence Europcar Marignane

agence AVIS Marseille Aéroport

agence SIXT Paris CDG

Aéroport Marseille Provence

Aéroport de Nice

Test

Appendix 2 : Terms and Conditions for the Dispatch of Deposited Items

1. The Processing of the Deposited Items

La Poste processes the Deposited Items that are entrusted to it for dispatch on condition that they comply with these Terms and Conditions for the Dispatch of Deposited Items.
If they do not comply, La Poste reserves the right to refuse or suspend the Dispatch.
When La Poste suspends the Dispatch for this reason, it informs the Customer of this fact, informing him or her of the place and the time limits within which the Deposited Item will be made available. After the time limit has expired, or if the Customer chooses not to retrieve the Deposited Item, La Poste will be free to dispose of it as it thinks fit. If it is not possible to notify the Customer, La Poste processes the Deposited Item in accordance with conditions laid down in clause 6 relating to Items that cannot be delivered.
The related costs will be borne by the Customer. If La Poste did not know that the Item in question was not compliant when the Customer subscribed to the Service, the fact that the non-compliant Item has been processed will not discharge the Customer of his or her liability.

Dispatched Items are subject to the security checks that apply to air transport, which may involve opening the parcel.
The checks will be carried out, in any event, in accordance with the laws and regulations applicable in this field, and within the strict limits of what is necessary for the application of those laws and regulations, in the presence of a representative from La Poste. At each site concerned a procedure, of which details are provided in an appended document, will be followed.

2. Delivering Deposited Items in France

The Deposited Items are delivered through the letterbox at the address given by the Customer.

La Poste does not return to the Customer Items that were delivered at the address given, when the addressee did not take possession of them.
If it is not possible to deliver the Item through the letterbox, La Poste may take the initiative to deliver the Item to any person who is present at the address. It may also deliver the Item to a caretaker or concierge who agrees to take delivery.
La Poste reserves the right to make several attempts to deliver the Item at the address notified by the Customer.
When the Item cannot be delivered for reasons other than those mentioned in clause 6, the postman or woman leaves a notice of attempted delivery. The Item is held at the place mentioned on the notice of the attempted delivery and should be collected in accordance with the conditions stipulated in clause 5. With respect to Items to be delivered abroad, the Item is made available for collection in accordance with the procedures of the foreign partner.
The usual lead time for delivery in Metropolitan France, Monaco and Andorra is 2 to 3 days.

3. Delivering Deposited Items abroad

Items are delivered in accordance with the rules that apply in the country of destination, through the letterbox, at the address given by the Customer or using any other delivery method used by foreign partners.
With respect to deliveries abroad, the digitised signature recorded when the Item is delivered, and reproductions of that signature, are proof that the Deposited Item has been delivered, and the Parties acknowledge that this signature has a legal value which is identical to that of a traditional signature on paper. Neither La Poste nor the foreign partner will be involved in checking the contents of the parcel, if this occurs.
The usual lead time for delivery is 3 to 10 days, depending upon the destination.

4. Changes to the delivery method

In exceptional circumstances, particularly when access to the addressee's letterbox is very difficult or when the delivery would be dangerous for the postman or woman, La Poste will, where appropriate, be discharged of its obligation to deliver the Item within a certain time limit, and reserves the right to change the delivery method. In this case, La Poste will inform the addressee, by all means, that it is impossible to deliver the Item. The Deposited Item is then held and can be retrieved by the addressee in accordance with the conditions laid down in clause 5.

5. Retention and retrieval of Deposited Items at the place mentioned on the notice of attempted delivery

When a Deposited Item is to be retrieved at the place mentioned on the notice of attempted delivery, the addressee, or their representative who must hold a valid power of attorney prepared by the addressee authorising the representative to retrieve mail addressed to the addressee, must present the notice of attempted delivery and an official identity document. Failing this, the representative must present an official identity document in his or her own name, an official identity document in the name of the addressee and the notice of attempted delivery, which constitutes a one-off power of attorney completed and signed by the addressee.
Duties and taxes may be payable when the Deposited Item is delivered, particularly if the Item is subject to customs clearance fees or customs duties.
The Deposited Items are retained at the place mentioned on the notice of attempted delivery for a period of 15 calendar days, from the day following the day on which the notice of attempted delivery was issued. On the expiry of this time limit, La Poste will return the undelivered Items in accordance with the conditions laid down in clause 6.

6. Deposited Items that cannot be delivered

La Poste's commitment to deliver the Deposited Items that are entrusted to it for delivery does not apply to :

Dispatches for which the address is inaccurate, imprecise, incomplete or illegible ;

Dispatches for which the addressee or the letterbox cannot be found or is inaccessible, except in exceptional circumstances as provided for in clause 4;

Dispatches for which the addressee refuses to take delivery.

If La Poste is not able to reach the addressee for one of these reasons, La Poste will contact the Customer in order to find out whether he or she wishes to relinquish the Deposited Item definitively, to the benefit of La Poste, without any reimbursement for the Service, or to agree on arrangements for another delivery. The costs of carrying the Item if the Customer chooses to have a second delivery will be borne by the Customer at the prices set by La Poste, which can be seen at https://boutique.laposte.fr/affranchissement-a-domicile/colissimo-en-ligne/tarifs.

7. The Address

The Customer must give the addressee's correct, precise and complete address.
A complete address means an address including, in the following order :

The name, when the Item has been sent to a legal entity, and/or the surname(s) and first name(s) of the addressee(s) when the Item has been sent to a person(s);

With respect to residential buildings, the number or name of the building and the staircase, and where appropriate, the number of the apartment or the letterbox;

the number of the home and the name of the road/street;

the name of the place, where appropriate;

where appropriate, information about the type of delivery, the service or subscription chosen (number of the PO box, delivery at a specific time (Course Spéciale), Poste restante, etc.)

the post code of the place where the destination is located, written in characters in the same format, without any separation point nor particular space after the first two numbers [with respect to French post codes] and the name of the place where the destination is located;

the CEDEX code, where appropriate;

the name of the country of destination, where appropriate

8. The Letterbox

If the postal service is to fulfil the obligation to deliver the Deposited Item there must be a letterbox at the addressee's home or premises, located at the entrance to the property and adjacent to the public highway, which ensures the safety of the mail and speed of delivery, with full regard for the regulations in force, except when a caretaker or concierge takes delivery of the mail.
In residential buildings, the mail is delivered in letterboxes installed at the entrance or in a space at an accessible level, which can be accessed freely by the postman or woman.
In accordance with article R. 111-14-1 of the French Building and Housing Code (Code de la construction et de l’habitation), residential buildings for which planning permission was sought after 12 July 1979 must have a standardised letterbox which can be accessed by the postman or woman (French standards NF D-404 and NF D-405).
If there is no letterbox, or if the letterbox is not accessible or, in the case of a residential building, if there is no name or number on the letterbox, by which it would be possible to connect the Dispatched Item with a letterbox, La Poste will be discharged of its obligation to deliver the Item at the address given by the Customer. In such case, La Poste will make every effort to inform the addressee, by all means, that it is impossible to deliver the Item and will deal with it in accordance with the conditions laid down in clause 6 of this Appendix.

9. Unauthorised Deposited Items

9.1 It is prohibited to subscribe to the Service in order to send the following items, in accordance with the special provisions of the Universal Postal Union:

Hazardous or dirty objects or substances :

all goods that are covered by national, European and international regulations on hazardous products such as those defined in the ICAO regulations, which include but are not limited to: explosives, ammunition, gas, solid and liquid flammable substances, oxidising, toxic and/or infectious substances, corrosive or radioactive products, lithium cells and batteries;

all objects which, by their very nature, wrapping or packaging, may be hazardous for the staff, third parties, the environment, or the safety of transportation equipment, or damage other items being transported, machines, vehicles or items belonging to third parties;

Prohibited items, particularly :

counterfeit items and/or items that contravene the laws and regulations in force;

narcotics;

firearms which have not been dismantled and sent separately according to legislation in force;

goods which require temperature-controlled transport;

publications or media prohibited by any law or applicable regulations;

living or dead animals unless exceptions are provided for in regulations in force;

the sending by post of items which are liable to cause serious injury to human dignity, or damage the integrity or respect of the human body, notably, ashes and funeral relics;

bank notes, metal coins accepted as legal tender, able to be used to discharge payment obligations, intended for circulation in France, and precious metals.

If the Customer subscribes to the Service in order to send a prohibited Item, no compensation will be paid and he or she may be held liable.

9.2. Items to be sent abroad and to the Overseas Collectivities

Items to be sent abroad and to the Overseas Collectivities (COM) are governed by the Acts of the Universal Postal Union.
Apart from the Items covered by the restrictions listed in clause 9.1, Items that may not be imported into or circulate inside the country of destination are also excluded from the Service . The Customer must obtain the necessary information from the Customs authority. An indicative list of Items that may not be imported into or circulate inside certain countries is also available when the Customer subscribes to the Service on the Website.
Other content may also be prohibited by foreign partners in the various destination countries. The Customer undertakes to comply strictly with these prohibitions and with the rules laid down by the Universal Postal Union (UPU).

9.3. Customs formalities

The Customer must make the necessary customs declarations. He or she is responsible for the information he or she provides when subscribing to the Service on the Website, which is subsequently recorded in his or her name by La Poste on the documents to be submitted to the Customs authorities.
All of the customs declaration fields on the form available on the Website must be completed by the Customer in full.
La Poste will not be held liable in the event of any omission and/or error in the information entered by the Customer .
The Customer is required to pay any costs that may be borne by La Poste if the declaration made is dishonest or inaccurate, and any costs incurred by the addressee, if this person does not pay them.
The Customer undertakes to inform the addressee that, when the Item is delivered, La Poste or the postal service in the country of destination may ask for customs clearance fees, customs duties and local taxes to be paid.
It is up to the addressee to pay the customs clearance fees, customs duties and local taxes in the country of destination.
The Deposited Item is only delivered to the addressee after this person has paid the fees, duties and taxes.
When a Deposited Item that cannot be delivered is returned to the Customer, under the conditions laid down in clause 6, La Poste reserves the right to pursue payment of the customs clearance fees, customs duties and local taxes that remain due from the Customer. The Customer will have sole liability for the consequences, particularly financial and criminal consequences, that result from declarations or documents that are not provided, provided late, that contain errors, or that are incomplete or inappropriate. Any false or inaccurate declaration may lead to delays in the delivery of the Deposited Item.